Breach of Warranty: The Ins and Outs

You paid for something that was supposed to work, and it doesn’t: a mower that won’t start, a washer that can’t handle the loads you asked about, boots sold as waterproof that leak. Maybe it even hurt someone. If you’re not sure a broken promise gives you any rights, that’s understandable.

Here’s the plain answer. A breach of warranty means a product didn’t live up to a promise about it. You don’t need an injury to have a claim: you can recover the difference between the product’s value as you accepted it and its value as promised, and sometimes other losses, including injury to a person or property (UCC §§ 2-714, 2-715). In Michigan, notify the seller within a reasonable time and generally sue within 4 years of delivery (MCL 440.2607(3)(a), 440.2725).

The hard part usually isn’t proving the product is bad. It’s the process: fine print, notice rules and a deadline that can start the day the product arrives, handled by sellers and makers that deal with warranty claims every day. Michigan’s rules are in the boxes marked “In Michigan.”

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What is a breach of warranty?

A warranty is a promise about goods: what they are, how they’ll perform, or what will be done if they fail. Laws in every state create implied warranties that cover almost everything you buy (Federal Trade Commission, or FTC). In most states, these rules come from Article 2 of the Uniform Commercial Code (UCC), which covers sales of goods generally (MCL 440.2102); its merchantability section is law in every state but Louisiana (FTC). This guide cites Michigan’s versions, which keep the UCC’s numbers (UCC § 2-314 is MCL 440.2314). The federal Magnuson-Moss Warranty Act adds rules for consumer products only (15 U.S.C. § 2301(1)).

Implied warranties come with the sale, from the seller (MCL 440.2314, 440.2315). A written warranty binds whoever gave it, often the manufacturer; under the federal act, it can be enforced only against the warrantor that made it (15 U.S.C. § 2310(f)).

What are the three main kinds of warranty?

Express warranty: what the seller said, described or showed you

A seller’s statement of fact or promise about the goods, a description of them, or a sample or model creates an express warranty if it becomes part of the basis of the bargain. Mere opinion or praise doesn’t count (UCC § 2-313; MCL 440.2313). A spoken promise can qualify, but get it in writing (FTC).

A made-up example: boots labeled “waterproof to 6 inches” leak in 3 inches of water. The label is an express warranty; “the most comfortable boots you’ll ever own” is sales talk.

Implied warranty of merchantability: fit for ordinary use

When the seller is a merchant for goods of that kind, for example because it deals in them, the sale carries an implied warranty that the goods are merchantable, unless it was excluded or modified. Among other things, the goods must be “fit for the ordinary purposes for which such goods are used” and match any promises or statements of fact on the container or label (UCC § 2-314; MCL 440.2104(1), 440.2314(1), (2)(c), (f)). A design defect or manufacturing defect that makes a product unfit for ordinary use can breach it. A private individual selling used goods doesn’t give this warranty (FTC). In Michigan, a restaurant meal carries it too, since serving food or drink for value is a sale (MCL 440.2314(1)); see food poisoning claims.

A made-up example: a new push mower from a hardware store won’t start out of the box, however many times its owner pulls the cord. A mower that can’t cut grass isn’t fit for a mower’s ordinary purpose.

Implied warranty of fitness for a particular purpose

This warranty, that the goods are fit for your particular purpose, arises when the seller, at the time of the deal, has reason to know that purpose and that you’re relying on its skill or judgment to pick them. Any seller can give it, not only a merchant (UCC § 2-315; MCL 440.2315).

A made-up example: you tell a salesperson you need a hitch that can tow your 7,000-pound camper and rely on them to pick one. If their choice can’t handle that load, you may have a claim, even if it tows lighter trailers fine.

Can a seller take away a warranty with “as is” or fine print?

Sometimes. Most states let a seller exclude implied warranties, for example by selling “as is,” though some don’t allow it for consumer products (FTC). An express warranty is harder to take back: a limit that can’t reasonably be read as consistent with the promise doesn’t work (UCC § 2-316(1)). A seller can also limit your remedies, for example to repair or replacement (UCC § 2-719).

Federal law sets a floor: a supplier that gives a written warranty on a consumer product, or sells a service contract on it at or within 90 days after the sale, can’t disclaim implied warranties. It can only limit their length to that of a “limited” warranty of reasonable duration, if the limit is conscionable, clear and prominent (15 U.S.C. §§ 2304(a)(2), 2308). And even an “as is” seller may be liable under product liability law if a defective product hurts someone (FTC).

What do you have to do before you sue?

Tell the seller. Once you’ve accepted the goods, usually by keeping them after a reasonable chance to inspect, notify the seller within a reasonable time after you discover the breach, or should have, or be barred from any remedy; it’s then up to you to prove the breach (UCC § 2-607(3)(a), (4); MCL 440.2606(1), 440.2607(3)(a), (4)). Under the federal act, first give the company a reasonable opportunity to fix the problem, and use any dispute program the warranty requires that meets FTC rules (15 U.S.C. § 2310(a)(3), (e)).

How long do you have to sue for breach of warranty?

Under the UCC, generally 4 years from delivery, even if you didn’t know about the defect (UCC § 2-725).

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What can you recover for a breach of warranty?

If you kept the product, the basic measure is the difference between its value as accepted and its value as warranted, unless special circumstances show different damages. No injury is needed. In a proper case, add incidental damages (reasonable expenses the breach caused) and consequential damages: losses from needs the seller had reason to know about at the time of the deal, which you couldn’t reasonably have prevented, and injury to a person or property the breach caused (UCC §§ 2-714, 2-715; MCL 440.2714, 440.2715).

If a defect substantially impairs the product’s value to you, you may instead be able to revoke your acceptance and get back what you paid (MCL 440.2608, 440.2711(1)); see your options when a defective product hasn’t hurt anyone, including small claims court. When only the product itself is damaged, courts call the loss economic, and in Michigan the remedy is usually the warranty, not an injury lawsuit (Neibarger v Universal Cooperatives, Inc, 1992; Sherman, 2002). Damage to other property can change that.

Warranty or product liability: which applies when a product hurts someone?

Often both. Product liability claims can rest on negligence, strict liability or breach of warranty, depending on the state (Cornell Law School’s Legal Information Institute); see what a product liability claim must prove. In the Michigan Supreme Court’s words, negligence “generally focuses on the defendant’s conduct,” while warranty “generally focuses upon the fitness of the product, irrespective of the defendant’s conduct” (Prentis v Yale Manufacturing Co, 1984).

When many people bought the same defective product, see how class actions work.

How do the Magnuson-Moss Act and the lemon law fit in?

A consumer damaged by a breach of a written or implied warranty on a consumer product can sue under the Magnuson-Moss Act, and one who finally prevails may be awarded costs and attorney fees unless the court finds that inappropriate (15 U.S.C. § 2310(d)).

What to do next

1. Keep the product and the paper trail: receipt, box, manual, warranty, any ad or label that made a promise, and notes of what the salesperson said. If the product hurt someone or damaged other property, keep it unrepaired and get advice before you return or discard it.
2. Read the warranty and your sales papers for what’s covered and for how long, remedy limits, a required dispute program or “as is.”
3. Notify the seller in writing, promptly, then the manufacturer if needed, keep proof, and write down your deadline. A defect you report during the warranty that isn’t fixed properly must still be corrected after the warranty expires (FTC).
4. If anyone was hurt, see a doctor and get a free case review. A lawyer can check which claims fit, who is responsible and how much time is left; get any fee agreement in writing. Get a free case review, or, if you were hurt in Michigan, compare Michigan injury lawyers.

What waiting can cost

• Your remedy. Late notice to the seller can bar any remedy (MCL 440.2607(3)(a)).
• Your right to sue. In Michigan, generally 4 years from delivery for a warranty claim, even for a defect you didn’t know about, and 3 years from the harm for a product liability claim (MCL 440.2725, 600.5805(12), 600.5827).
• The evidence. A product that’s repaired, returned or thrown away can’t be tested.

What a good outcome looks like

The product is repaired, replaced or refunded, or you’re paid the difference between what you were promised and what you got, plus the costs the breach caused. If anyone was hurt, the claim was filed on time against everyone responsible. From wondering whether a broken promise about a product means anything to knowing which warranty you have, what notice to give and how long you have to act.

For more on defective products, drugs and toxic exposure, browse the defective product and toxic exposure guides.

Updated September 29, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.